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43. Another case relied upon by Mr. Rege is that of Edward Hack for the registration of a Trade Mark (1942) 58 R. P. C. 91. In that case, an application was made for registration of the words "Black Magic" in respect of laxatives. The application was opposed by the proprietors of the mark "Black Magic", which was registered for being used in respect of 'Chocolate and chocolates'. The judment shows that it could be held that there is a tangible danger of confusion, if it could be found that there is a risk of confusion in that some persons would be likely to think that the two "Black Magic" preparations were made by the same manufacturers, and others to wonder if this might be the case.

"I think that a large number of persons if they heard of a laxative called 'Black Magic' or saw advertisements of a laxative called 'Black Magic' would be likely to think that that laxative was made by the same firm who made the "Black Magic" chocolates".

On the facts of this case, we have no hesitation in holding that a large number of persons, if they see or hear about the mark "Caltex" in connection with watches, would be led to think that the watches were in some way connected with the opponents, or they would at least wonder whether they were in any way connected with the opponents. Persons seeing the mark attached to watches, which is a new class of goods, would assume, or are most likely to assume, that they originated from the proprietor of the mark, namely, the opponents.